Legal Notices From Fentress Courier June 26 Edition

SUBSTITUTE TRUSTEE’S SALE

Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed September 13, 2007 by Xan Warren, an unmarried person to Jack Ray, as Trustee, as same appears of record in the office of the Register of Fentress County, Tennessee, in Book 128, Page 436, and the undersigned having been appointed Substitute Trustee by instrument recorded in Book 211, Page 429, in the said Register’s Office, and the owner of the debt secured, Green Tree Servicing LLC, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that the undersigned will, on Wednesday, July 3, 2013 commencing at 01:00 PM, at the Front Door of the Courthouse, Jamestown, Fentress County, Tennessee proceed to sell at public outcry to the highest and best bidder for cash, the following described property, to wit:

Situated in County of Fentress, State of Tennessee.

Lying and being in the 4th Civil District (Map 128 Parcel 103.01) of Fentress County, Tennessee, as fo11ows:  Lying and being in the Fourth Civil District of Fentress County, Tennessee, in the Grimsley Community, described as follows:  BEGINNING on a concrete right-of-way monument on the west side of U.S. Highway 127 at the northeast corner of Rickett property (former owner) as described in Deed Book M6, page 647, said Register’s Office; thence with the west right-of-way of said highway, south 22 degrees 04 minutes 31 seconds west 141.71 feet to a steel stake just west of a utility pole; thence severing the property of Rickett, north 75 degrees 55 minutes 30 seconds west 172.61 feet to a ½ inch pipe set in the west line of same; thence with said west line, north 25 degrees 02 minutes 08 seconds east 113.12 feet to an iron rod in a fence; thence with or near said fence, south 85 degrees 39 minutes 01 second east 173.91 feet to the point of beginning, containing 0.49 acre, more or less, as surveyed by Andy Potter, T.R.L.S.

Notice of the Right to Foreclose has been given in compliance with T.C.A. § 35-5-117.

Tax Parcel ID: 128-103.01

Property Address: 5264 South York Highway, Grimsley, TN.

All right and equity of redemption, homestead and dower waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.

ARNOLD M. WEISS,

Substitute Trustee

Weiss Spicer Cash PLLC

208 Adams Avenue

Memphis, Tennessee   38l03

90l 526 8296

File # 7134-0105280-FC

(6-12-19-26-3tc)

 

SUBSTITUTE TRUSTEE’S SALE

Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed September 10, 2009 by Michael Lynn Cooper and Sherry Lynn Cooper, Husband and Wife, as Joint Tenants with Rights of Survivorship to Kensington Title Agency, as Trustee, as same appears of record in the office of the Register of Fentress County, Tennessee, in Book 164 Page 185, and the undersigned having been appointed Substitute Trustee by instrument recorded in the said Register’s Office, and the owner of the debt secured, LoanCare, A Division of FNF Servicing, Inc., having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that the undersigned will, on Wednesday, July 10, 2013 commencing at 1:00 PM, at the Front Door of the Courthouse, Jamestown, Fentress County, Tennessee proceed to sell at public outcry to the highest and best bidder for cash, the following described property, to wit:

Situated in County of Fentress, State of Tennessee.

Certain Real Estate, in Fentress County, State of Tennessee, described as follows, to-wit:  Tract 1: Lying and being in the First Civil District of Fentress County, Tennessee, being a part of Lot 11, North of the Base Line of Plat One of the Clarke Lands said Plat One being of record in Deed Book Q, Page One (1), of the Register’s Office of Fentress County, Tennessee, and beginning on a set stone in the North right of way line of a graded and graveled road at a point North 33 degrees 45 minutes East 47 feet from the Northeast corner of the 1.1 acre tract conveyed by former Grantors to Jerry E. Wright and wife, by Deed dated July 15, 1978, of record in Deed Book 5, Page 115, thence north 03 degrees 00 minutes East 237 feet to a set stone; thence south 03 degrees 15 minutes East 220 feet to a set stone in the North right of way line of the above mentioned road; thence with the north right of way line of said road North 75 degrees 15 minutes East 55 feet, North 88 degrees 45 minutes East 62 feet, and south 87 degrees 15 minutes East 23 feet to the beginning.

Tax Parcel ID: 087-001.13

Property Address: 1013 Sheppard Road, Jamestown, TN.

All right and equity of redemption, homestead and dower waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.

ARNOLD M. WEISS,

Substitute Trustee

Weiss Spicer Cash PLLC

208 Adams Avenue

Memphis, Tennessee   38l03

90l-526-8296

File # 7168-0105998-FC

(6-12-19-26-3tc)

 

TRUSTEE’S NOTICE OF SALE

Default having been made in the payment of the debts and obligations secured to be paid by a certain deed of trust executed by Steve Flowers and wife, Robbie Flowers on the 31st day of March, 2008, to James P. Romer, Trustee, as same appears of record in the Register’s Office of Fentress County, Tennessee, in Book 138, page 940; and Don O. Johnson having been appointed Substitute Trustee per instrument of record in Book 213, page 122; and First Volunteer Bank being the owner and holder of the debt secured having requested the undersigned to advertise and sell the property described in and conveyed by the said deed of trust, all of the said indebtedness having matured by default in the payment of a part thereof, this is to give notice that the undersigned will on July 12, 2013 commencing at 12:00 p.m., at the front door of the Fentress County Courthouse, Jamestown, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described tract of property, to-wit:

Lying and being in the First Civil District of Fentress County, Tennessee, and located approximately one (1) mile eastwardly from the Courthouse at Jamestown via Tennessee Highway 52 and beginning approximately 100 yards east of the U.S. Highway 127 Bypass, and described more particularly as follows:

TRACT 1:  Beginning at a steel stake in the northern edge of the right-of-way of Tennessee Highway 52; thence N15°31’03”E 179.56’ to a steel stake in the Jana F. Humphrey tract; thence S72°32’01”E with the Humphrey line 101.88’ to a steel stake in the fence line; thence S6°31’51”W with the fence line, passing the corner between Tract 2 and Tract 3 at 15.90’, in all a total of 232.77’ to a steel stake in the northern edge of the right-of-way of Tennessee Highway 52; thence N55°14’31”W 98.48’ to a steel stake; thence N49°10’58”W 50.00’ to the beginning corner, containing 0.56 acre, more or less.

TRACT 2:  Beginning at a steel stake in the northern edge of the right-of-way of Round Mountain Road near its junction with Tennessee Highway 52 at its junction with Round Mountain Road at a fence post corner and steel post; thence, with the northern edge of the right-of-way of Round Mountain Road, N85°34’24”W 102.73’ to the junction of Round Mountain Road with Tennessee Highway 52; thence N64°15’42”W 122.24’ to a steel stake, a southeastern corner of Tract 1; thence N6°31’51”E, with a fence line separating Tract 1 and Tract 2, 216.87’ to a steel stake, the southwestern corner of Tract 3; thence S81°14’59”E, with the south line of Tract 3, 222.45’ to a steel stake in a fence line; thence S7°30’37”W, with the Gernt, Wiley an Day, Inc. fence line, 244.74’ to the beginning corner, containing 1.22 acres, more or less.  Said tract is subject to a thirty (30’) foot wide right-of-way along the east side of said tract as described in previous deeds.

TRACT 3:  Beginning at a steel stake, the northeastern corner of Tract 2, which steel stake is located N7°30’37”E 244.74’ from the beginning corner of Tract 2 and the junction with Round Mountain Road and Tennessee Highway 52; thence N81°14”59”W, with the north line of Tract 2, 222.45’ to a steel stake in the fence line; thence N6°31’51”E 15.90’ to the northeastern corner of Tract 1; thence N6°11’13”E, with the Jana F. Humphrey fence line, 237.40’ to a steel stake in the southwestern corner of Tract 4; thence S81°15’13”E, with the south line of Tract 4, 226.37’ to a steel stake in the fence line of David Terry, as described in Deed Book V-7, page 106, Register’s Office of Fentress County, Tennessee; thence S7°05’41”W 253.17’ to the beginning corner, containing 1.30 acres, more or less.  Said tract is subject to a thirty (30’) foot wide right-of-way along the east side of said tract as described in previous deeds.

TRACT 4:  Beginning at a steel stake in the David Terry fence line as described in Deed Book V-7, page 106, which steel stake is located from the southeastern corner of Tract 2 at its junction with Tennessee Highway 52 and Round Mountain Road, N7°30’37”E 244.74’; thence N7°30’37”E 253.17’; thence from said beginning corner, N81°15’13”W, with the north line of Tract 3, 226.37’ to a steel stake in the fence line of Jana F. Humphrey; thence N6°11’13”E with Jana F. Humphrey fence line, 204.20’ to a steel stake, the southwestern corner of the Stuart E. Flowers tract as described in Deed Book X-6, page 403, in the Register’s Office of Fentress County, Tennessee; thence S81°53’43”E 229.50’ to a steel stake in the David Terry fence line; thence S7°05’41”W 206.66’ to the beginning corner, containing 1.07 acres, more or less.  Said tract is subject to a thirty (30’) foot wide right-of-way along the east side of said tract as described in previous deeds.  Surveyed by Timothy L. Goad, TRLS #1748 of G1 and Associates Surveying on 7/15/00, and shown on Drawing #07200-01.

The previous and last conveyance being a deed to Steve Flowers and wife, Robbie Flowers, in Book 3, page 591, in the Register’s Office of Fentress County, Tennessee.

The street address of the property is: Allardt Highway, Jamestown, TN  38556 (Tax Map 63, Parcel 21, Tax Assessor’s Office).

Said sale shall be subject to any unpaid property taxes, to any additional prior, liens, leases, encumbrances, to any rights of redemption not heretofore expressly waived, and to all applicable reservation of minerals, easements, rights-of-way, setback lines and restrictions.

OTHER INTERESTED PARTIES:  None known.

The statutory rights of redemption, homestead, curtesy and dower, appraisement and marshaling of liens and assets are waived in said deed of trust, and the title is believed to be good, but the undersigned will sell and convey only such title as he may convey as Trustee there being no representations or covenants of warranty of title made hereby.

It will be the responsibility of the successful bidder to obtain possession of the property at his expense, and any damage, vandalism, theft, destruction, or other loss or damage to the property occurring subsequent to the date of sale shall be at the risk of the successful bidder.

The Trustee reserves the right to postpone or set over the date of sale in the event the Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, with such notice of postponement as deemed reasonable by the Trustee.  In the event the highest bidder at such sale fails to complete his purchase of the subject real property within the applicable time allowed, the undersigned Trustee reserves the right to complete the sale of the subject real property, without further notice or advertisement, to the next highest bidder who is able to consummate his purchase of the property within the time permitted by the Trustee.

Signed, this 16th day of May, 2013.

Don O. Johnson,

Substitute Trustee

O’MARA & JOHNSON, P.L.L.C.

310-D East Broad Street

Cookeville TN 38501

(931) 526-8812

(6-19-26; 7-3-3tc)

 

NON-RESIDENT NOTICE

Cause No. 2013-JV-22

Jim R. Wright and wife, Betty L. Wright v. Roger Allen Wright and Brianne Hall

IN THE JUVENILE COURT FOR FENTRESS COUNTY, TENNESSEE

In this cause, it appearing from the Petition for Name Change that the respondent, Brianne Hall, has been a resident of Fentress County, but according to Officer’s Returns on a Summons against Brianne Hall that Brianne Hall is not to be found in Fentress County and her whereabouts are unknown to the Petitioners, it is ordered that publication be made for four successive weeks, as required by law, in the Fentress Courier, a newspaper published in Jamestown, Tennessee, in said County, notifying said non-resident respondent, Brianne Hall, to file an answer with Petitioners’ Attorney, S.N. Garrett, whose address is P.O. Box 725, Jamestown, TN 38556,  and the Juvenile Court of Fentress County, Tennessee, within 30 days from the last date of publication, exclusive of said last date of publication, or a judgment by default may be entered and the cause set for hearing ex parte.

This 11th day of June, 2013.

S.N. Garrett

Attorney for Petitioners

(6-19-26; 7-3-10-4tc)

 

ADVERTISEMENT FOR BIDS

Fentress County Board of Education is accepting bids on the following:

2  new 78-passenger school buses with Cummins engines and Alice transmissions.

Delivery of the above will be 8/1/2013.

Bid specs may be obtained from Fentress County Finance at 931-752-8971.

Sealed bids must be received at the Fentress County Finance Department by 10:30 a.m. Central Time on Monday, July 1, 2013 in an envelope marked “BOE Bus Bid”.  Bids will be opened at the Finance Department at that time.  Bids may be delivered to Fentress County Finance at 103A Smith Street South, P.O. Box 800, Jamestown, TN  38556.  Fentress County Board of Education reserves the right to accept or reject any and all bids.

(6-19-26-2tc)

 

NOTICE OF TRUSTEE’S SALE OF REAL ESTATE

WHEREAS, on August 17, 2009, Judith L. Weiser and Raymond A. Dardar, joint tenants with the rights of survivorship, did make, execute and deliver certain Deed of Trust to Trustee, Leslie Clark Ledbetter of 6890 South York Highway, Clarkrange, Tennessee 38553, to secure the payment of a certain Promissory Note of even date therewith, with said Note being payable to VADI Financing, Inc.  Said Note is more fully described in said Deed of Trust of record in Book 162, Page 498 recorded on August 17, 2009 in the Register’s Office for Fentress County, Tennessee, and to which Deed of Trust reference is hereby made; and the real estate to be sold is described as follows:

LYING and BEING in the FOURTH CIVIL DISTRICT of Fentress County, Tennessee, bounded and being described more particularly as follows:

Phase 5 Lot 73 in Stone Cliff Acres, a subdivision according to the plat thereof of record in Plat Book P5, Page 176, Register’s Office, Fentress County, Tennessee.

WHEREAS, on June 26, 2007, Johanan Cabral, did make, execute and deliver certain Deed of Trust to Trustee, Leslie Clark Ledbetter of 6890 South York Highway, Clarkrange, Tennessee 38553, to secure the payment of a certain Promissory Note of even date therewith, with said Note being payable to Big South Fork Land Sales, LLC.  Said Note is more fully described in said Deed of Trust of record in Book 123, Page 905 recorded on June 29, 2007 in the Register’s Office for Fentress County, Tennessee, and to which Deed of Trust reference is hereby made; and

WHEREAS, said Deed of Trust was assigned to VADI Financing, Inc. More fully described in said Assignment of Deed of Trust of record in Book 134, Page 17, recorded on January 4, 2008 in the Register’s Office for Fentress County, Tennessee, and to which Assignment of Deed of Trust reference is hereby made; and the real estate to be sold is described as follows:

LYING and BEING in the FOURTH CIVIL DISTRICT of Fentress County, Tennessee, bounded and being described more particularly as follows:

Phase 3 Lot 54, in Stone Cliff Acres, a subdivision according to the plat thereof of record in Plat Book P5, Page 145, Register’s Office, Fentress County, Tennessee.

WHEREAS, default has been made in the terms, conditions and payments provided for in said certain Notes heretofore mentioned, and the holder and owner of said Notes has declared the entire unpaid principal balances of said Notes, together with all accrued and unpaid interest, due and payable as provided in said Notes and Deeds of Trust.

THEREFORE, in accordance with the terms of the Deeds of Trust and by virtue of the power and authority vested in the undersigned Trustee by the aforesaid Deeds of Trust, the public is hereby notified that the undersigned Trustee, Leslie Clark Ledbetter, having been requested so to do by the said holder and owner of the Notes, will sell the hereinafter described real estate at public auction to the highest and best bidder for cash in hand (or credit upon the indebtedness secured if the holder of the secured indebtedness is the successful bidder) at the courthouse door of the Fentress County Courthouse in Jamestown, Tennessee, at the hour of 12:00 p.m. prevailing time on Friday, the 12th day of July, 2013; said property will be sold in bar of all right and equities of redemption and statutory right of redemption, homestead, dower and all other exemptions of every kind from the borrower which are expressly waived by the terms of said Deeds of Trust; said real estate will be sold without any warranties as to liens, existing highway, roadway and utility easements, applicable building and zoning regulations, such state of facts as an accurate survey would disclose, to all encumbrances, Federal Tax Liens, assessments, and mechanics’ and material men’s liens. The Trustee will pay any state, county or municipal taxes due on the property through the year 2012 and the purchaser at this sale shall be responsible for taxes for 2013 and thereafter.  The undersigned Trustee will execute a Deed to the purchaser as Trustee only.  The proceeds of this sale will be applied as set out in the Deeds of Trust.

In the event the highest bidder at the foreclosure sale should fail to comply with the submitted bid, the Trustee shall have the option of accepting the next highest bid with which the bidder is able to comply, or readvertise and sell at a second sale.

The right is reserved to adjourn the day of the sale to another date certain without further publication upon announcement at the time and place herein set for the above sale.

Dated at Clarkrange, Tennessee, on this the 20th, day of June, 2013.

TRUSTEE:

LESLIE CLARK LEDBETTER,

6890 South York Highway

Clarkrange, TN 38553

(6-26; 7-3-10-3tc)

 

NOTICE

The Fentress Courier reserves the right to edit or reject any advertising materials.

(8-1-tfc)

 

NOTICE OF SUBSTITUTE TRUSTEE’S SALE

WHEREAS, default having been made in the payment of the debts and obligations secured by that certain Real Estate Deed of Trust for Tennessee executed on May 7, 1993, by Helen M. Gunter to David Seivers, Trustee, as same appears of record in the Register’s Office of Fentress County, Tennessee in Book X5, Page 276, (“Deed of Trust”); and

WHEREAS, the beneficial interest of said Deed(s) of Trust is the United States of America, acting by and through the United States Department of Agriculture (“USDA”); and

WHEREAS, USDA, the current owner and holder of said Deed(s) of Trust appointed Jerry Jolley as Substitute Trustee by instrument filed for record in the Register’s Office of Fentress County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed(s) of Trust; and

NOW THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed(s) of Trust by USDA, and Jerry Jolley as Substitute Trustee, or duly appointed agent, pursuant to the power, duty, and authorization in and conferred by said Deed(s) of Trust, will on  Wednesday, July 17, 2013, commencing at 10:00 A.M. at the east door of the Fentress County Courthouse Jamestown, Tennessee, proceed to sell at public outcry to the highest bidder either for cash (must be in the form of a cashier’s check) or 10 per cent of the high bid price as a non-refundable deposit with balance due within ten (10) days of sale, (and if such balance goes unpaid, USDA will retain the deposit and re-foreclose) the following described property lying and being in the Fourth Civil District in Fentress County, Tennessee to wit:

A metes and bounds description of the property is included in the deed referenced below.

Map 145 Parcel 21

PROPERTY ADDRESS: 935 Bridge Creek Rd Clarkrange TN  38553

Being the same property conveyed by Hillard Olmstead and wife, Stella Olmstead to Andrew Gunter and wife, Helen Gunter, by deed of record in Deed Book I-6, Page 252 in the said Register’s Office. Subsequently conveyed by Andrew Jackson Gunter to Helen Marie Gunter, by deed of record in Deed Book Y-6, Page 526 in the said Register’s Office.

CURRENT OWNERS: Helen M. Gunter

The sale of the above-described property shall be subject to all matters shown on any recorded plan; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and any matter that an accurate survey of the premises might disclose.

All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed(s) of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.

The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.

Jerry Jolley

Substitute Trustee

390 South Lowe, Suite K

Cookeville TN  38501

http//www.resales.usda.gov

(6-19-26; 7-3-3tc)

 

SUBSTITUTE TRUSTEE’S SALE

Sale at public auction will be on July 25, 2013 at 2:00PM local time, at the east door, Fentress County Courthouse, Jamestown, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Samanthia Rae Flynn and her husband, Richard H. Flynn, to C. Thomas Cates, Trustee, on March 22, 2007 at Book 118, Page 410; all of record in the Fentress County Register’s Office.

Party entitled to enforce security interest: Residential Credit Solutions, Inc.

The following real estate located in Fentress County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:

The land referred to in his exhibit is located in the County of Fentress and the State of Tennessee in Deed Book M7 at Page 335 and described as follows:

Lying and being in the Fourth Civil District of Fentress County, Tennessee, and bounded and described as follows:  beginning on a Spanish Oak, the southwest corner of O.M. Rogers and the northwest corner of John Brantley Tract; thence North 14 degrees West 72 poles to a stone marked N and Y, being the corner of O.M. Rogers and H.H. Rogers; thence westwardly with the H.H. Rogers’ line about 73 poles to a stone and pointers in Rogers’ land; thence North 87 degrees West 13 poles to C.M. Hull’s stake corner in H.H. Rogers’ line; thence with C.M. Hall’s  line South 3 degrees West to a set stone marker R & Y ABS Branch in East line of C.M. Hall; thence down ABS Branch to a pine and Pointers on North Bank of ABS Branch; thence North 5 degrees East 80 poles to the Beginning, containing 50 acres, more or less.

Excluding, however, the following described lands:

In the Fourth Civil District of Fentress County, Tennessee, beginning on a set stone corner, formerly a Spanish Oak, same being the southwest corner of the tract of land upon which O.M. Rogers now lives and the northwest corner of what is known as the John Brantley Tract; thence North 14 degrees West 72 poles to a set stone corner marked “R & Y” same being a corner of L.M. Rogers and H. H. Rogers; thence westwardly with the H.H. Rogers line about 73 poles to a set stone corner, a corner of H.H. Rogers; thence North 87 West 13 poles to Clyde Hall’s corner in the H.H, Rogers’ line; thence South 3 West with Halls’ line to a set corner at ABA’s Branch; thence southeastwardly down ABA’s Branch to a set stone corner; thence North 42 East 26 poles and 6 links to a set stone corner with hickory and dogwood pointer; thence North 62 East 35 ¾ poles to a set stone corner in the West line of Gary Rogers; thence North 5 East 9 poles and 14 links to at the Beginning and containing 40 acres, more or less, and being the same property sold by R.L. Young and wife, Electa Young to Gary Rogers and wife, Blanche Rogers, as described in Deed Book I-4, Page 114 in the Register’s Office of Fentress County, Tennessee.

Also excluding the following:

Lying and being in Fentress County, Tennessee and in the Fourth District, comprising all of that real estate owned by James Bowling and wife, Georgia Bowling, which is located on the opposite of the Wallace Beaty Road, from Grantor’s residence, formerly known as the Bart Jones Road and beginning on a steel fence corner post located in the southern margin of said road, proceeding in a southerly direction along the line of James Bowling and Georgia Bowling, and continuing along said line with the point where said line intersects with ABS Branch, at the corner of the Schrock property, and then meandering northwestwardly with the meanders of said ABS Branch where said ABS Branch intersects with the southern margin of the said Wallace Beaty Road (formerly Bart Jones Road); thence proceeding eastwardly along the southern margin of the said Wallace Beaty Road to the point of Beginning, containing 2 acre, more or less.

Street Address: 1951 Hall Road, Clarkrange, Tennessee 38553

Parcel Number: 140 025.00

Current Owner(s) of Property: Samanthia Rae Flynn aka Samanthia Rae Clock, a married woman, joined by her husband Richard H. Flynn

The street address of the above described property is believed to be 1951 Hall Road, Clarkrange, Tennessee 38553, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.

SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.

All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.

If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.

This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.

Shapiro & Kirsch, LLP

Substitute Trustee

www.kirschattorneys.com

Law Office of Shapiro & Kirsch, LLP

555 Perkins Road Extended, Second Floor

Memphis, TN 38117

Phone (901)767-5566

Fax (901)761-5690

File No. 13-049880

(6-19-26; 7-3-3tc)

 

NOTICE OF SALE

WHEREAS, Union Bank of Jamestown, Tennessee, is the owner and holder of the following described real estate Deed of Trust from Mitchell C. Atkinson and wife, Beverly Atkinson unto William J. Campbell, as Trustee, recorded August 31, 2010 in Record Book 176, Page 871 of the Register’s Office of Fentress County, Tennessee, which said Deed of Trust secures a Promissory Note dated August 25, 2010, payable by Mitchell C. Atkinson and wife, Beverly Atkinson to the Union Bank of Jamestown, Tennessee;

WHEREAS, default has occurred in the terms, conditions, and payment of the indebtedness secured by said Deed of Trust and Union Bank of Jamestown, Tennessee, has declared the entire unpaid principal balance of said Note, together with all accrued and unpaid interest, due and payable as provided in said Note and Deed of Trust and has authorized and instructed me, as their duly authorized representative and their Trustee, to foreclose said Deed of Trust by advertisement of sale at public auction in accordance with the Statutes made and provided therefore.

WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Notice of Sale.

THEREFORE, notice is hereby given that pursuant to the power of sale contained in said Deed of Trust, and in accordance with the Statutes made and provided therefore, the said Deed of Trust will be foreclosed and the property covered thereby and hereinafter described will be sold at public auction to the highest bidder for cash at the East door of the Fentress County Courthouse in the City of Jamestown, in Fentress County, Tennessee at 10:00 a.m. on Thursday, July 18, 2013 to satisfy the indebtedness now due under and secured by said Deed of Trust; said property will be sold in bar of all right and equities of redemption, homestead, dower and all other exemptions of every kind from the borrower which are expressly waived by the terms of said Deed of Trust; said real estate will be sold without any warranties as to liens, existing highway, roadway and utility easements, applicable building and zoning regulations, such state of facts as an accurate survey would disclose, to all encumbrances, Federal Tax Liens, assessments, and mechanics’ and materialmen’s liens.  The undersigned Trustee will execute a Deed to the purchaser as Trustee only.  The proceeds of this sale will be applied as set out in the Deed of Trust.  The real estate to be sold is described as follows:

TRACT ONE:

Lying and being in the First Civil District of Fentress County, Tennessee, and approximately 6.7 miles southeast of the Courthouse in Jamestown, Tennessee, by way of Tennessee State Highway 52, by traveling southeastwardly along said highway five miles to the intersection of Tennessee State Highway 52 with the Taylor Place Road; thence southeastwardly with said Tennessee State Highway 52 through Allardt about 1.76 miles; thence southwardly about 900 feet to a roadway leading eastwardly; thence eastwardly along said roadway about 247 feet to a fence post, the beginning corner, on the north margin of said last mentioned roadway; thence with said roadway south 83½ degrees East 264.65 feet to a power pole and a steel stake; thence north 5 degrees 5 minutes East 287 feet to a rock, being a set stone; thence north 84 degrees 18 minutes West 263.8 feet with a fence to a set stone corner; thence with the fence south 6 degrees 40 minutes West 116.1 feet to a fence post; thence south with said fence 4 degrees 15 minutes West 167.2 feet to a fence post, the beginning corner, containing 1.73 acres, more or less.

RESERVING unto the Estate of Bruno Gernt, Inc. all the coal, oil and gas in accordance with prior reservations.

The previous and last conveyance being the General Warranty Deed from Richard Eugene White and Phillip Williams, Co-Executors of the Last Will and Testament of Percy White, surviving tenant by the entireties with Mary M. White, both deceased, unto Mitchell C. Atkinson and wife, Beverly A. Atkinson, dated August 29, 1997, acknowledged August 29, 1997, and recorded September 11, 1997, in Deed Book X-7, page 599, of the Register’s Office for Fentress County, Tennessee.

TRACT TWO:

Lying and being in the First Civil District of Fentress County, Tennessee and approximately 6.7 miles southeast of the Courthouse in Jamestown, Tennessee by way of Tennessee State Highway 52, by traveling southeastwardly along said highway five miles to the intersection of Tennessee State Highway 52 with the Taylor Place Road; thence southeastwardly with said Tennessee State Highway 52 through Allardt about 1.76 miles; thence southwardly on the Les Franklin Road approximately 900 feet to the intersection of a road running eastwardly to the former George O. Delk (now Percy White) residence, and beginning at a corner being the northeast corner of the intersection of the Les Franklin – George Delk Road, and thence running eastwardly with the northern margin of the road leading to the former George Delk residence south 82 degrees 15 minutes East for 258.1 feet to a corner marked by a fence post; thence running with a fence north 04 degrees 15 minutes East for 167.2 feet to a point; thence north 06 degrees 40 minutes East for 116.1 feet to a corner marked by a rock in a fence line; thence in a westerly direction and running with a fence north 82 degrees 08 minutes West for 257.85 feet to a corner marked by a fence post on the eastern margin of the Les Franklin Road; thence with the eastern margin of the Les Franklin Road in a southerly direction south 05 degrees 25 minutes West for 283.65 feet to the beginning corner, containing 1.65 acres, more or less.

The previous and last conveyance being that General Warranty Deed from Mitchell C. Atkinson unto Beverly Atkinson, creating a tenancy by the entirety in Mitchell C. Atkinson and wife, Beverly Atkinson,  dated June 2, 2003,  acknowledged June 2, 2003, and recorded June 11, 2003, in Book 47, Page 431, of the Register’s Office for Fentress County, Tennessee.

In the event the highest bidder at the foreclosure sale should fail to comply with the submitted bid, the Trustee shall have the option of accepting the next highest bid with which the bidder is able to comply, or readvertise and sell at a second sale.

The right is reserved to adjourn the day of the sale to another date certain without further publication upon announcement at the time and place herein set of the above sale.

Pursuant to Tennessee Code Section 35-5-104, there are no liens filed in the Fentress County Register’s Office by the taxing authorities.

Buyers shall be responsible for paying the 2013 real property taxes.

William J. Campbell

Trustee

(6-26; 7-3-10-3tc)

 

ADVERTISEMENT FOR BIDS

Fentress County Board of Education is now accepting tire bids for the following tire sizes:

11-22.5-16 Ply HSR

225-75-16  10 Ply

265-75-17

265-75-16

205-75-15

215-75-15

245-75-16

235-75-15

225-65-16

Contract will run from August 1, 2013 through July 31, 2014.  Bids must be received by  July 1, 2013 at 10:00 a.m. at which time they will be opened at the Fentress County Finance Department.  Send all bids in an envelope clearly marked “BOE Tire Bids” to Fentress County Finance, P.O. Box 800, 103A Smith Street South, Jamestown, TN 38556.

Contact Rex Dishman at the bus garage at 124 Knepp Circle, Jamestown, TN (931) 879-8291 if further information is needed.  Fentress County Board of Education reserves the right to accept or reject any or all bids.

(6-19-26-2tc)

BID SPECIFICATIONS FOR OT/PT SERVICES FOR 2013-2014

The Fentress County Board of Education is seeking bids to provide Occupational Therapy and/or Physical             Therapy for students for the 2013-2014 school year.

The following specs are to be addressed:

Services:

1.  The designated Staff will provide diagnostic evaluations including goals and objectives for the student’s Individual Education Plan (IEP),     consultation at the IEP meetings, and direct therapy as deemed appropriate by the IEP team.

2.  The designated Staff will provide and maintain      required paperwork, including but not limited to Initial Evaluation, Re-evaluations, Quarterly Progress Reports, and record of service for each treatment session.  It will also be the responsibility of the staff to sign a student log at the child’s classroom that includes date of service and duration of service for each treatment session completed.

It will be the responsibility of the staff to notify the school, prior to scheduled service, of any change or cancellation inservices if need should arise.

It will be the responsibility of the agency to bill applicable insurances of students as their policy allows and to comply with insurance regulations of monthly re-authorizations.

Bids must be presented at a flat service rate per visit.  Any additional mileage will be paid for school to school trips only.

Send All Bids to Fentress County Finance, P.O. Box 800, 103A Smith St. South, Jamestown, TN 38556

All Bids must be sealed and clearly marked “BOE OT/PT Bid”.

Bids will open on Monday, July 1, 2013 at 11:00 a.m. at Fentress County Finance Office.

Fentress County Board of Education reserves the right to reject any or all bids.

(6-19-26-2tc)

NOTICE TO CREDITORS

Docket No. P-13-27

Estate of Juanita Nance, Late of Fentress County, Tennessee.

Notice is Hereby Given that on the 12th day of June, 2013, Letters Testamentary, of Administration, in respect to the Estate of Juanita Nance, deceased, were issued to the undersigned by the Clerk & Master of the Chancery Court of Fentress County, Tennessee.

All persons, resident and non-resident, having claims, matured or unmatured against his (or her) Estate are required to file the same in triplicate with the Clerk and Master of the above named Court within: (1)(A) four (4) months from the date of the first publication or posting of the public notice if the creditor received an actual copy of such notice at least 60 days before the date that is four months from the date of the first publication or posting; or (B) 60 days from the date the creditor received an actual copy of this notice, if the creditor received the copy of the notice less than 60 days prior to the date that is four months from the date of first publication or posting as described in (1)(A); or (2) twelve (12) months from the decedent’s date of death; otherwise their claim will be forever barred.

All persons indebted to the above Estate must come forward and make proper settlement with the undersigned at once.

This 12th day of June, 2013.

Darrell Nance

Executor

Estate of Deceased

Juanita Nance

5126 Old State Hwy. 111

Spencer, TN 38585

Kathryn R. Taylor

Clerk & Master

P.O. Box 66

Jamestown, TN 38556

James P. Romer

Attorney for Estate

(6-19-26-2tp)

 

NOTICE

The Fentress County Commission Declared the Fentress County Highway Department Road Supervisor position vacant at the regular commission meeting June 17, 2013. Qualification packets may be picked up at the election office between the business hours of 8:00 a.m. to 4:00 p.m. Monday thru Friday.  Deadline is Thursday, June 27th at 4:00 p.m. for qualification packets to be returned to the Election Commission.

(6-19-26-2tc)

 

NOTICE

The Fentress County Commission will meet in reconvened session on Thursday, June 27th at 6:00 p.m. at the courthouse in the small courtroom.

(6-19-26-2tc)

 

NOTICE OF FAILURE TO PAY AND SALE OF CONTENTS

Hi-land Storage gives notice of failure to pay and sale of contents of Jeff Hood’s leased space. Said contents shall be sold or disposed of per the owner’s lien against Jeff Hood for failure to pay rent which property is located in rental unit #A-21 at Hi-Land Storage, 1419 Pennsylvania Ave., Jamestown, TN 38556. And that said sale shall be at 10:00 a.m. Saturday, June 29, 2013.

(6-19-26-2tc)

 

NOTICE OF FAILURE TO PAY AND SALE OF CONTENTS

Hi-land Storage gives notice of failure to pay and sale of contents of Lorie Whittenburg’s leased space. Said contents shall be sold or disposed of per the owner’s lien against Lorie Whittenburg for failure to pay rent which property is located in rental unit #C-36 at Hi-Land Storage, 1419 Pennsylvania Ave., Jamestown, TN 38556. And that said sale shall be at 10:00 a.m. Saturday, June 29,  2013.

(6-19-26-2tc)

 

NOTICE OF FAILURE TO PAY AND SALE OF CONTENTS

Hi-land Storage gives notice of failure to pay and sale of contents of Andy Grinderslav’s leased space. Said contents shall be sold or disposed of per the owner’s lien against Andy Grinderslav for failure to pay rent which property is located in rental unit #C-12 at Hi-Land Storage, 1419 Pennsylvania Ave., Jamestown, TN 38556. And that said sale shall be at 10:00 a.m. Saturday, June 29, 2013.

(6-19-26-2tc)

 

NOTICE OF FAILURE TO PAY AND SALE OF CONTENTS

Hi-land Storage gives notice of failure to pay and sale of contents of Bonnie Long’s leased space. Said contents shall be sold or disposed of per the owner’s lien against Bonnie Long for failure to pay rent which property is located in rental unit #C-8 at Hi-Land Storage, 1419 Pennsylvania Ave., Jamestown, TN 38556. And that said sale shall be at 10:00 a.m. Saturday, June 29, 2013.

(6-19-26-2tc)

 

NOTICE OF FAILURE TO PAY AND SALE OF CONTENTS

Hi-land Storage gives notice of failure to pay and sale of contents of Carrie Laird’s leased space. Said contents shall be sold or disposed of per the owner’s lien against Carrie Laird for failure to pay rent which property is located in rental unit #A-14 at Hi-Land Storage, 1419 Pennsylvania Ave., Jamestown, TN 38556. And that said sale shall be at 10:00 a.m. Saturday, June 29, 2013.

(6-19-26-2tc

 

NOTICE OF FAILURE TO PAY AND SALE OF CONTENTS

Hi-land Storage gives notice of failure to pay and sale of contents of Johnny Smith’s leased space. Said contents shall be sold or disposed of per the owner’s lien against Johnny Smith for failure to pay rent which property is located in rental unit #A-19 at Hi-Land Storage, 1419 Pennsylvania Ave., Jamestown, TN 38556. And that said sale shall be at 10:00 a.m. Saturday, June 29, 2013.

(6-19-26-2tc)